Difference between Magistrate and Judge, Meaning, Role, Salary

Meaning

A Magistrate is a judicial officer who handles minor criminal cases and oversees arrests, investigations, and preliminary trials.

A Judge is a senior judicial authority who decides serious civil, criminal, and constitutional cases in higher courts.

Legal Basis

Appointed under statutory law; functions governed mainly by BNSS (earlier CrPC)

Appointed under Articles 124, 125. 217, 233 and 244 of the Constitution of India

Level in Judiciary

Part of the subordinate judiciary

Belong to District Judiciary, High Courts, or Supreme Court

Appointment

Appointed by State Government in consultation with High Court

District Judges by Governor in consultation with High Court; HC and SC Judges by President of India

Types

Judicial Magistrate First Class (JMFC) & Second Class, Chief Judicial Magistrate (CJM), Metropolitan Magistrate, Special/ Sub-divisional Magistrate

Civil Judge (Junior/ Senior), District Judge, High Court Judge, Supreme Court Judge

Nature of Cases

Deals mainly with minor criminal cases like theft, assault, public order offences

Handles civil, criminal, constitutional, and appellate matters

Trial Powers

Conducts summary trials and warrant cases under BNSS

Conducts sessions trials, civil suits, writs, and constitutional cases

Punishment Powers

CJM can award imprisonment up to 7 years and fine (BNSS)

Supreme Court Judges can award life imprisonment or Capital Punishment

Court of First Instance

Often the first court where criminal cases are registered and heard

District Judges may act as trial and appellate courts

Jurisdiction

District Courts (for minor criminal offences), Metropolitan courts, and Specialized Lower Courts (family, labour, etc.)

District Courts, High Courts and Supreme Court

Independence Level

Judicially independent but administratively under High Court control through district judiciary

High constitutional independence with security of tenure

Appeals From Their Orders

Appeals lie before District Court or High Court

Appeals from District Judge go to High Court, from HC to Supreme Court

Qualification Requirement

Law degree (not always mandatory) with judicial service examination conducted by states

Minimum 3 years of judicial or legal practice for entry level, and 7-10 depending on further levels

Role in Criminal Procedure

Authorises arrest warrants, remand, search warrants, cognizance of offences

Conducts full-fledged trials, hears appeals, and interprets law

Salary

For JMFC: ₹77840 – ₹1,36,520 as per 2nd National Judicial Pay Commission

For Junior Civil Judge: ₹77840 – ₹1,36,520 as per 2nd National Judicial Pay Commission